HomeMy WebLinkAboutPC Res 07-51 - 2007-09-19
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A RESOLUTION OF THE PLANNING COMMISSION OF THE /114.1
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW <.
07-23 FOR AN APPROXIMATELY 12 FEET LONG BY 3 FEET
DEEP BY 42 INCHES HIGH BARBECUE AND BAR
STRUCTURE, TO BE LOCATED APPROXIMATELY 7 FEET
FROM THE REAR PROPERTY LINE AND APPROXIMA TEL Y
9 FEET FROM THE NORTH SIDE PROPERTY LINE AT 915
HERON CIRCLE, SEAL BEACH.
RESOLUTION NUMBER 07-51
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE'
Section 1. On August 6, 2007, Grace Kim, ("the applicant"), submitted an
application for Minor Plan RevIew 07-23 with the Department of Development ServIces.
Specifically, the applIcant proposes to construct a built-in barbecue and bar structure that is
approxImately 12 feet long, 3 feet deep, and 42 ll1ches high withll1 the required rear yard setback
area at 915 Heron Circle, Seal Beach.
SectIon 2. Pursuant to 14 Cah f. Code of Regs. S 15025( a) and S lLB of the
Clty's Local CEQA Guidehnes, staff has detenmned as follows: The applicatIOn for Mll10r Plan
ReVIew 07-23 is categOrIcally exempt from review pursuant to the California EnVlr0l1lTIental
Quality Act pursuant to 14 Calif. Code of Regs. S 15303 NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures ll1cludll1g
garages, carports, patIos, swimmll1g pools, and fences. S 15061 (b )(3), because it can be seen
with certainty that there IS 110 pOSSibility that the approval may have a sIgnificant effect on the
environment
SectIon 3 A duly noticed heanng was held before the Planmng CommisSion
on September 19, 2007 to conSIder the applicatIOn for MlI10r Plan ReVIew 07-23
Section 4.
The record of the hearmg on September 19, 2007 indIcates the
following:
(a) On August 6, 2007, Grace KIm, ("the applIcant"),
submitted an application for Mll10r Plan ReVIew 07-23 With the Department of Development
Services.
(b) SpeCIfically, the applIcant proposes to construct a bmlt-ll1
barbecue and bar structure that IS approxImately 12 feet long, 3 feet deep, and 42 inches hIgh,
within the required rear yard setback area at 915 Heron Circle
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Planl1lllg COIl1/JllSSlOn ResolutlOlI No 07-51
Mmor Plan ReVierI' 07-23 - 915 Heron Circle
September 19, 2007
(c) The subject property IS located m the Specific Plan
Regulation (SPR) Zone wIthm the neighborhood generally referred to as "Heron Pomte"
(d) The surroundmg land uses and zonmg are as follows:
NORTH:
SOUTH:
EAST:
WEST:
Single-famIly resIdences 111 the Specific Plan Regulation (SPR) Zone
Single-fanlIly residences 111 the Specific Plan RegulatIOn (SPR) Zone
Smgle-family residences in the Specific Plan Regulation (SPR) Zone
Single-family resIdences m the SpecIfIc Plan RegulatIon (SPR) Zone
(e) The subJect property IS located on a relatIvely flat lot and IS
surrounded by properties of a similar nature. The proposed blllIt-in barbecue and bar, as
condItioned, would be below the maximum height allowed for accessory structures located
within a required rear or sIde yard setback area.
(f) The City has received no comments, wntten or other,
respondmg to the notices ofthe heanng on MPR 07-23.
Section 5. Based upon the facts contained III the record, mcludmg those stated
in S 4 of this resolution, and pursuant to 9 28-401 of the City's Code, the Plannlllg CommiSSIOn
hereby finds as follows'
(a) Minor Plan ReVIew 07-23, as conditIoned, is consIstent
With the provisions of the LRnd Use Element of the City's General Plan, which provides a
"Residential Low Density" underlying zonmg for the subject propel1y and pemlits the proposed
development, subJect to approval of a Mmor Plan Review. The use is also consistent With the
remammg elements of the CIty'S General Plan as the poliCieS of those elements are consIstent
with, and reflected m, the Land Use Element. Accordmgly, the proposed use is consIstent WIth
the General Plan.
(b) The proposed stmctures, as condItioned, are appropnate to
the surrounding neighborhood as the stmctures are an adequate distance from adjacent
residences.
SectIon 6 Based upon the foregoing, the Planning CommISSIOn hereby
approves Mmor Plan ReVIew 07-23, subJect to the following conditions'
1. Mmor Plan ReView 07-23 IS conditIonally approved for an approxImately] 2 feet long, 3
feet deep, and 42 mches high built-m barbecue and bar structure, located approximately 7
feet from the rear property line and 9 feet from the north side property line at 915 Heron
Circle, Seal Beach.
2. All constructIon shall be in substantIal compliance with the plans approved through MlIlor
Plan ReVIew 07-23.
3 Building permits shall be obtained for the approved structures.
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Plan/llllg ComllllS~lOn ResolutlOll No 07-51
Mmor Plan Review 07-23 - 915 Heloll Circle
September 19. 2007
4. The applicant shall mdemnify, defend, and hold hannless the CIty, Its officers, agents, and
employees (collectIvely "the CIty" hereinafter) from any and all claims and losses
whatsoever occurnng or resultmg to any and all persons, firms, or corporatIons furnIshll1g
or supplymg work, servIces, materials, or supplies in connectIon wIth the performance of
the use pernlltted hereby or the exercise of the nghts granted herem, and any and all claIms,
lawsuits, or actIOns arIsing from the grantmg of or the exercise of the nghts permitted by
thIS Minor Plan Review, and from any and all claims and losses OCCUlTlllg to any person,
finn, corporatIon, or property for damage, mJury, or death arismg out of or connected with
the performance ofthe use pernlltted hereby Applicant's oblIgation to mdem11lfy, defend,
and hold harnl1ess the City as stated herein shaH include, but not be limited to, paying all
fees and costs incurred by legal coullsel of the of the City's chOIce m representing the City
m connection with any such claims, losses, laWSUIts, or actIons, expert witness fees, and
any award of damages, judgments, verdicts, court costs or attorneys' fees in any such
lawsmt or action.
5. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance
of CondItions" form has been signed by the applIcant in the presence of the Director of
Development ServIces, or notarIzed and returned to the Planning Department, and until the
ten (10) day appeal penod has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the CIty of Seal Beach
at a meeting thereof held on the 19th day of September 2007 by the followmg vote.
AYES: CommISSIOners Deaton, Bello, Delay, and Roberts
NOES: Commissioners None
ABSENT: CommISSIOners Massa-lavitt
ABSTAIN: Commissioners None
-fi.LVt~a~
Ellery Deaton
Chairperson, Plannmg Commission
Lee Whittenberg
Secretary, Planning Commissio
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